MEMORANDUM DECISION DENNY CHIN , District Judge . On February 3, 2011, defendant Joseph Shereshevsky pled guilty to securities fraud and mail fraud and related conspiracy charges, in violation of 18 U.S.C. 78(b), 371, and 1341. On July 18, 2011, I sentenced him principally to 262 months' imprisonment. Shereshevsky thereafter moved to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. (Dkt. Nos. 129, 129-1, 130, 131). As discussed below, the motion is barred by a...
OPINION AND ORDER GABRIEL W. GORENSTEIN , United States Magistrate Judge . In this suit by 19 Recordings ("19") against Sony Music Entertainment ("Sony"), 19 moves to amend the existing complaint to include claims for breach of the implied covenant of good faith and fair dealing. 1 For the reasons stated below, the plaintiff's motion is denied. I. BACKGROUND Because the resolution of the motion to amend turns on whether the proposed Second Amended Complaint states a claim for relief,...
Opinion and Order KIMBA M. WOOD , District Judge . I. Background Janier Castillo, Eliana Sarmiento and Flor Soto ("Defendants") were charged with Conspiracy to Steal Government Funds, Theft of Government Funds, Identity Theft Conspiracy (defendant Castillo) and Aggravated Identity Theft, in violation of 18 U.S.C. 371, 641 & 2, 1028(f) and 1028(a)(1), (c)(1) & 2. On March 1, 2013, the original indictment was filed in this case against five defendants. On December 5, 2013, defendants...
MEMORANDUM OPINION ON MOTION FOR ATTORNEYS' FEES LEWIS A. KAPLAN , District Judge . In early 2011, following the unsealing of certain qui tam lawsuits, 2 allegations emerged that Bank of New York Mellon ("BNYM") had overcharged certain of its custodial clients for foreign exchange services for over a decade. Several lawsuits followed, including, inter alia, customer class actions, 3 ERISA class actions, 4 cases brought by the Department of Justice 5 and the New York Attorney...
REPORT AND RECOMMENDATION LISA MARGARET SMITH , Magistrate Judge . 1 On May 6, 2011, Petitioner Calvin Tyrell ("Petitioner"), proceeding pro se, filed a petition for a writ of habeas corpus ("petition") pursuant to 28 U.S.C. 2254, challenging his 2008 judgment of conviction for one count of Manslaughter in the First Degree (N.Y. Penal Law 125.20), one count of Assault in the First Degree (N.Y. Penal Law 120.10[1]), one count of Criminal Use of a Firearm in the First Degree (N.Y....
MEMORANDUM OPINION & ORDER PAUL G. GARDEPHE , District Judge . Defendant Kaleil Isaza Tuzman faces fraud charges in this District. (Superseding Indictment (Dkt. No. 7) After he was indicted, a warrant was issued for his arrest. Tuzman — who has dual U.S. and Colombian citizenship — was arrested in Colombia and awaits extradition in that country. Tuzman seeks an order vacating the arrest warrant, arguing that he should be permitted to voluntarily surrender to U.S. authorities in Colombia....
OPINION AND ORDER SHIRA A. SCHEINDLIN , District Judge . The Singer Group, Inc. ("Singer") brings this diversity action against Nine West Holdings, Inc. ("Nine West"), alleging breach of contract and related claims based on Nine West's termination of Singer's services pursuant to a Sales Agreement (the "Agreement") in May 2013. Defendant moves for summary judgment, arguing that plaintiff's claims fail as a matter of law pursuant to the unambiguous terms of the Agreement. For the following...
OPINION ROBERT W. SWEET , District Judge . Court-appointed Lead Plaintiffs North Carolina Department of State Treasurer on behalf of the North Carolina Retirement Systems ("North Carolina DST"), Arkansas Teacher Retirement Systems ("Arkansas Teacher"), Fresno County Employees' Retirement Association ("Fresno"), Individual Named Plaintiffs Jose G. Galvan and Mary Jane Lule Galvan (the "Galvans"), and additional proposed individual class representatives Eric Rand ("Rand"), Paul and Lynn...
OPINION AND ORDER SHIRA A. SCHEINDLIN , District Judge . I. INTRODUCTION This is a consolidated multi-district litigation ("MDL") relating to contamination — actual or threatened — of groundwater from various defendants' use of the gasoline additive methyl tertiary butyl ether ("MTBE") and/or tertiary butyl alcohol ("TBA"), a product formed by the breakdown of MTBE in water. In this case, plaintiff Orange County Water District ("OCWD"), which is charged with maintaining groundwater...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . On December 28, 2015, defense counsel submitted via email a settlement agreement ("the Agreement") and proposed stipulation of dismissal with prejudice in this matter arising under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. For the reasons that follow, the Court declines to approve the settlement and directs the parties to submit additional information. Parties cannot privately settle FLSA claims with prejudice...
OPINION AND ORDER SHIRA A. SCHEINDLIN , U.S.D.J. I. INTRODUCTION These related actions are for enforcement of the Guarantee obligations of Caesars Entertainment Corporation's ("CEC") on Notes issued by Caesars Entertainment Operating Company ("CEOC"). Plaintiffs 1 now seek partial summary judgment arguing that CEC violated section 316(b) 2 of the Trust Indenture Act of 1939 (the "TIA"), as well as certain provisions of the Indenture governing the Notes, when in August 2014, CEC...
MEMORANDUM OPINION & ORDER Paul G. Gardephe , U.S.D.J. Defendant Servino Simmon — who pleaded guilty to a felon in possession charge, pursuant to 18 U.S.C. 922(g) — is scheduled for sentencing on December 29, 2015. In a July 28, 2015 Order, this Court ruled on a number of issues relating to the proper application of the Sentencing Guidelines. 1 (Dkt. No. 99) On October 30, 2015 — at the Defendant's request — this Court conducted a Fatico hearing. In a post-hearing submission,...
OPINION AND ORDER SHIRA A. SCHEINDLIN , District Judge . I. INTRODUCTION This is a consolidated multi-district litigation ("MDL") relating to contamination — actual or threatened — of groundwater from various defendants' use of the gasoline additive methyl tertiary butyl ether ("MTBE") and/or tertiary butyl alcohol ("TBA"), a product formed by the breakdown of MTBE in water. In this case, plaintiff Orange County Water District ("OCWD"), which is charged with maintaining groundwater...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . Fact discovery in this case is set to end today. This morning, the parties requested a three-month extension of the deadlines for fact discovery, expert discovery, and submission of the final pretrial order. Dkt. 193. This is the parties' third request for an extension. This last-minute request is denied as excessive and unjustified. However, the Court will grant a final one-month extension of each deadline. The new deadlines are as...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . This decision resolves a motion to impose, on the losing party, the costs of enforcement of a contractual guaranty. On October 2, 2015, the Court granted plaintiff Thor 725 8th Avenue LLC ("Thor") summary judgment on its breach-of-guaranty claim against Shanthioa Goonetilleke, a/k/a Martin Goonetilleke, and Marie Goonetilleke (together, the "Goonetillekes"), and held that the Goonetillekes are liable to Thor on that claim for $2,067,288....
MEMORANDUM OPINION LEWIS A. KAPLAN , District Judge . This matter is before the Court on motions by defendants (1) Henry Dreifus to dismiss for lack of personal jurisdiction and improper venue, or, alternatively, to dismiss several causes of action for legal insufficiency, 1 and (2) Dreifus Associates Limited ("DAL") to dismiss for improper venue. 2 Both defendants request, in the alternative, that this action be transferred to the Middle District of Florida. For the reasons that follow,...
MEMORANDUM OPINION AND ORDER SHIRA A. SCHEINDLIN , District Judge . Laverne Carr brings this suit against defendant Citibank, N.A. ("Citibank") alleging violations of the Telephone Consumer Protection Act ("TCPA"), arising from allegations that Citibank auto-dialed plaintiff on her cell phone without her consent. Citibank asserts that this claim must be submitted to arbitration pursuant to a binding arbitration agreement between the parties, and moves to compel arbitration and stay the...
OPINION JED S. RAKOFF , U.S.D.J. On September 10, 2015, this Court denied the motion for summary judgment filed by defendants Daryl M. Payton and Benjamin Durant, III in the insider trading lawsuit that plaintiff Securities and Exchange Commission (SEC) has brought against them. See Order dated Sept. 10, 2015, Dkt. 71. This Opinion sets out the reasons for the Court's denial of summary judgment. By way of background, it is undisputed that the ultimate source of the inside information...
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . On November 13, 2015, the parties submitted a second application for approval of a proposed settlement agreement in this Fair Labor Standards Act ("FLSA") action. Dkt. 28. The Court declined to approve the first application because the parties did not provide sufficient information about the bona fides of the dispute or documentation supporting the requested attorneys' fees. See Dkt. 25, reported at Beckert v. Rubinov, No. 15 Civ....
OPINION & ORDER PAUL A. ENGELMAYER , District Judge . On June 23, 2015, Yehudah Tziyon Ke'ish Mil'chamot, proceeding pro se, filed an amended complaint against the New York City Housing Authority ("NYCHA"), alleging that the NYCHA violated his federal constitutional rights and his rights under the Americans with Disabilities Act. Dkt. 12. On September 25, 2015, the Court referred the action to the Honorable Henry B. Pitman, United States Magistrate Judge, for general pretrial matters....
